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47-1142.


47-1142.
   
   A. There is hereby created as an official depository of the Oklahoma
   Tax Commission a special agency account. The Commission is hereby
   authorized and directed to assign an appropriate and distinctive
   number or designation for the account herein created which shall be
   designated the Oklahoma Tax Commission Motor License Agent Account.
   The Commission shall assign an appropriate and distinctive subaccount
   number or designation for each motor license agent. Every motor
   license agent appointed under the provisions of the Oklahoma Vehicle
   License and Registration Act, Section 1101 et seq. of this title,
   shall safeguard and preserve, in the manner herein required, all
   monies paid to such agent which the agent is bound to account for and
   pay over to the Commission.
   
   B. Each motor license agent shall establish, in a bank or banks
   authorized to do a banking business in the state, such special agency
   account and at any time that the motor license agent accumulates a
   total amount of receipts of One Hundred Dollars ($100.00) or more then
   such motor license agent shall deposit within a period of one (1)
   banking business day after the close of business, all receipts which
   the agent is obligated to account for and remit to the Commission in
   the designated Oklahoma Tax Commission Motor License Agent Account and
   no such monies shall be deposited in any other banks or other
   depositories unless the said bank accounts are maintained by the
   Commission. Provided that, where a motor license agent is doing
   business in a municipality where there is no bank located, such motor
   license agent shall have a period of three (3) banking business days
   after the close of business to make such deposits. Advice of deposit
   receipts or duplicate deposit receipts, in a form and in an amount
   prescribed by the Commission, shall be obtained and preserved as
   directed by the Commission. One shall be retained by the agent, and
   one shall be immediately forwarded to the Commission. Withdrawals or
   transfers from such Oklahoma Tax Commission Motor License Agent
   Account shall be made only by the duly authorized agent of the
   Commission. That part of the agent's fees to be retained by the agent
   as his personal compensation shall not be deposited in said Oklahoma
   Tax Commission Motor License Agent Account.
   
   Each motor license agent shall submit the appropriate reports
   designated by the Commission to properly account for all funds,
   regardless of source, received by a motor license agent in the
   performance of his duties. Reports shall cover a period from the first
   day of the month to the fifteenth day of the month and from the
   sixteenth day of the month to the last day of the month. It shall be
   the responsibility of the motor license agent to mail or deliver such
   reports and all documents of all transactions to the Commission within
   a time period to be established by the Commission. C. Motor license
   agents shall deposit in such account all monies, taxes and fees
   collected and received by them as such agents, which they are
   obligated to account for and remit to the Commission, and it is
   specifically required that checks or similar instruments accepted or
   received by such agents for taxes or fees must be deposited in such
   account.
   
   No motor license agent shall withdraw any funds from his Motor License
   Agent Account. All checks, drafts, orders and vouchers so deposited
   shall bear an endorsement to the Motor License Agent Account which
   endorsement shall include the assigned account number and the agent's
   subaccount number. Items deposited shall be credited at par and should
   payment be refused on any such check, draft, order or voucher, or
   should the same prove otherwise worthless, the amount thereof shall
   not be charged by the Commission against the individual subaccounts of
   the agent. The agent shall continue to attempt to require proper
   payment of all such worthless items, but shall not be personally
   liable to the Commission for their payment. The Commission or agent
   shall charge the person issuing the check a fee of Twenty-five Dollars
   ($25.00) for each check to cover the costs of the processing of each
   returned check, and all necessary travel expenses of collection, as
   provided by the State Travel Reimbursement Act, Section 500.1 et seq.
   of Title 74 of the Oklahoma Statutes; provided, such charge shall not
   be made unless efforts have been made to present such check, draft,
   order or voucher for payment a second time.
   
   D. Notwithstanding anything to the contrary, the Oklahoma Tax
   Commission shall continue to have the exclusive authority and standing
   to collect any taxes or other revenues owed to the State of Oklahoma
   or any political subdivision thereof pursuant to the provisions of the
   Motor Vehicle License and Registration Act, Section 1101 et seq. of
   this title.
   
   E. It is specifically provided that nothing in this section shall be
   considered or construed as in any way affecting, relieving or
   relinquishing the liability of such agent to the Commission for any
   monies collected by him and due the state or the liability of such
   agent or any surety on or under the agent's bond made to the
   Commission.
   
   Unless provided otherwise, any motor license agent who fails to comply
   with any provision of this section shall pay a penalty to be imposed
   by the Commission. Monies collected for payment of the penalty shall
   be deposited to the credit of the General Revenue Fund of the State
   Treasury. Any motor license agent who pays a penalty pursuant to this
   section shall not allocate his payment thereof as a part of his
   operating expenses, but shall use his personal funds for payment of
   the penalty. Such penalty shall be equal to one percent (1%) of the
   gross amount of the receipts received by the motor license agent for
   that particular day that the agent fails to deposit all such funds
   required by this section or one percent (1%) of the gross amount of
   the receipts received by the motor license agent for the report period
   that the agent fails to timely mail the required report or remit any
   excess agent funds as provided in subsection B of this section. Such
   penalty shall be increased to three percent (3%) of the gross amount
   of the receipts received for that particular day if the motor license
   agent fails to fulfill any of said requirements within a period of
   five (5) days. Provided that such penalty shall be three percent (3%)
   of the gross amount of the receipts received by the motor license
   agent for the report period that the agent fails to timely mail the
   required report or remit any excess agent funds as provided in
   subsection B of this section if the motor license agent fails to
   fulfill these requirements within five (5) days.
   
   The Commission may waive the penalty for failing to timely file the
   accounting report required by this section if the Commission finds
   that:
   
   1. the funds to which the report applies have been properly deposited;
   
   2. the failure to timely file the report was due to emergency
   conditions beyond the control of the agent; and
   
   3. the report has been filed within a week of the date on which it was
   required to be filed.
   
   It shall be the duty of the Commission to discharge immediately any
   motor license agent who fails, neglects or refuses to comply with the
   provisions of this section.
   

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